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Legislation
Income Tax (Earnings and Pensions) Act 2003

Crossheading Exclusions

  • Section 554E Exclusions: steps under certain schemes etc
  • Section 554F Exclusions: commercial transactions
  • Section 554G Exclusions: transactions under employee benefit packages
  • Section 554H Exclusions: earmarking of deferred remuneration
  • Section 554I Exclusions: introduction to sections 554J to 554M
  • Section 554J Exclusions: earmarking for employee share schemes (1)
  • Section 554K Exclusions: earmarking for employee share schemes (2)
  • Section 554L Exclusions: earmarking for employee share schemes (3)
  • Section 554M Exclusions: earmarking for employee share schemes (4)
  • Section 554N Exclusions: other cases involving employment-related securities etc
  • Section 554O Exclusions: employee car ownership schemes
  • Section 554OA Exclusions: transfer of employment-related loans
  • Section 554P Exclusions: employment income exemptions under Part 4
  • Section 554Q Exclusions: income arising from earmarked sum or asset
  • Section 554R Exclusions: acquisitions out of sums or assets
  • Section 554RA Exclusions: relevant repayments
  • Section 554S Exclusions: pension income chargeable under Part 9 etc
  • Section 554T Exclusions: employee pension contributions
  • Section 554U Exclusions: pre-6 April 2006 contributions to employer-financed retirement benefit schemes
  • Section 554V Exclusions: purchases of annuities out of pension scheme rights
  • Section 554W Exclusions: certain retirement benefits etc
  • Section 554X Exclusions: transfers between certain foreign pension schemes
  • Section 554XA Exclusions: payments in respect of a tax liability
  • Section 554Y Power to exclude other relevant steps
  1. Exclusions
  2. Exclusions: steps under certain schemes etc

Section 554E | Exclusions: steps under certain schemes etc F1

From legislation.gov.uk

(1)Chapter 2 does not apply by reason of a relevant step if the step is taken under any of the following—

(a)a Schedule 2 SIP (within the meaning of Chapter 6 of Part 7),F2

(b)a Schedule 3 SAYE option scheme (within the meaning of Chapter 7 of Part 7),F3

(c)a Schedule 4 CSOP scheme (within the meaning of Chapter 8 of Part 7),F4

(d)an arrangement the sole purpose of which is the provision of excluded benefits (as defined in section 393B(3)),

(e)an arrangement the sole purpose of which is the making of payments which are to be disregarded in the calculation mentioned in regulation 25 of the Social Security (Contributions) Regulations 2001 (S.I. 2001/1004) by virtue of paragraph 12 of Part 10 of Schedule 3 to those Regulations (as that paragraph has effect by virtue of regulation 2(3) of the Social Security (Contributions) (Amendment No. 9) Regulations 2007 (S.I. 2007/2905)),

(f)a pension scheme set up by a government outside the United Kingdom for the benefit of its employees or primarily for their benefit,

(g)a registered pension scheme, or

(h)an arrangement the sole purpose of which is the making of payments (within the meaning of Chapter 3 of Part 4 of FA 2004 (see section 161(2) of that Act))—

(i)to which section 161(4) of FA 2004 applies in relation to a registered pension scheme (or a registered pension scheme which has been wound up), and

(ii)which are authorised in relation to that scheme by section 160(1) of FA 2004.

(2)Subject to subsection (4), subsection (3) applies to a relevant step taken by a person (“P”) if—

(a)the relevant step is not taken under an arrangement mentioned in subsection (1)(a) to (c), and

(b)there is no connection (direct or indirect) between the relevant step and a tax avoidance arrangement.

(3)Chapter 2 does not apply by reason of the relevant step if the step is taken solely for the purpose of—

(a)acquiring or holding shares—

(i)to be awarded under a Schedule 2 SIP, orF5

(ii)to be provided pursuant to options granted under a Schedule 3 SAYE option scheme or a Schedule 4 CSOP scheme, orF6F7

(b)providing shares pursuant to—

(i)an award of shares under a Schedule 2 SIP, orF8

(ii)an option granted under a Schedule 3 SAYE option scheme or a Schedule 4 CSOP scheme.F9F10

(4)Subsection (3) does not apply to the relevant step if, immediately before or after the step is taken—

(a)the total number of shares of any type held, in relation to the Schedule 2 SIP, the Schedule 3 SAYE option scheme or the Schedule 4 CSOP scheme, by P and any other persons for purposes within subsection (3)(a) and (b), exceedsF11F12F13

(b)the maximum number of shares of that type which might reasonably be expected to be required, in relation to the Schedule 2 SIP, the Schedule 3 SAYE option scheme or the Schedule 4 CSOP scheme, for those purposes over the period of ten years starting with the day on which the relevant step is taken.F11F12F13

(5)Terms used in subsections (2) to (4) have the same meaning as they have in Chapter 6, 7 or 8 of Part 7 (as the case may be).

(6)Chapter 2 does not apply by reason of a relevant step taken by a person (“P”) if—

(a)the relevant step is taken for the sole purpose of—

(i)granting qualifying options under an EMI arrangement,

(ii)acquiring or holding shares to be provided pursuant to qualifying options granted under an EMI arrangement, or

(iii)providing shares pursuant to qualifying options granted under an EMI arrangement, and

(b)there is no connection (direct or indirect) between the relevant step and a tax avoidance arrangement.

(7)But subsection (6) does not apply to the relevant step if, immediately before or after the step is taken—

(a)the total number of shares of any type held, in relation to the EMI arrangement, by P and any other persons for purposes within subsection (6)(a)(i) to (iii), exceeds

(b)the maximum number of shares of that type which might reasonably be expected to be required, in relation to the EMI arrangement, for those purposes over the period of ten years starting with the day on which the relevant step is taken.

(8)In subsections (6) and (7) “EMI arrangement” means an arrangement under which qualifying options are granted.

(9)Terms used in subsections (6) to (8) have the same meaning as in Chapter 9 of Part 7.

(10)Subsection (11) applies if—

(a)a person (“P”) takes a relevant step within section 554B by reason of which Chapter 2 would apply apart from subsection (3) or (6), and

(b)at any time (“the relevant time”) the sum of money or asset (or any part of it) which is the subject of the relevant step—

(i)ceases to be held by or on behalf of P solely for purposes within subsection (3)(a) and (b) or (6)(a)(i) to (iii), but

(ii)continues to be held by or on behalf of P on the basis mentioned in section 554B(1)(a) or (b).

(11)This Part has effect as if a relevant step within section 554B were taken at the relevant time—

(a)the subject of which is the sum of money or asset (or the part of it) mentioned in subsection (10)(b), and

(b)by reason of which Chapter 2 is to apply (subject only to section 554A(4)).

(12)Chapter 2 does not apply by reason of a relevant step taken by the Independent Parliamentary Standards Authority in relation to a member of the House of Commons.

Notes

  1. F1

    Pt. 7A inserted (with effect in accordance with Sch. 2 paras. 52-59 of the amending Act) by Finance Act 2011 (c. 11), Sch. 2 para. 1

  2. F2

    Words in s. 554E(1)(a) substituted (6.4.2014) by Finance Act 2014 (c. 26), Sch. 8 paras. 49(2), 89 (with Sch. 8 paras. 90-96)

  3. F3

    Words in s. 554E(1)(b) substituted (6.4.2014) by Finance Act 2014 (c. 26), Sch. 8 paras. 136(2), 146 (with Sch. 8 paras. 147-157)

  4. F4

    Words in s. 554E(1)(c) substituted (6.4.2014) by Finance Act 2014 (c. 26), Sch. 8 paras. 200(2), 204 (with Sch. 8 paras. 205-215)

  5. F5

    Words in s. 554E(3)(a)(i) substituted (6.4.2014) by Finance Act 2014 (c. 26), Sch. 8 paras. 49(2), 89 (with Sch. 8 paras. 90-96)

  6. F6

    Words in s. 554E(3)(a)(ii) substituted (6.4.2014) by Finance Act 2014 (c. 26), Sch. 8 paras. 136(3), 146 (with Sch. 8 paras. 147-157)

  7. F7

    Words in s. 554E(3)(a)(ii) substituted (6.4.2014) by Finance Act 2014 (c. 26), Sch. 8 paras. 200(3), 204 (with Sch. 8 paras. 205-215)

  8. F8

    Words in s. 554E(3)(b)(i) substituted (6.4.2014) by Finance Act 2014 (c. 26), Sch. 8 paras. 49(2), 89 (with Sch. 8 paras. 90-96)

  9. F9

    Words in s. 554E(3)(b)(ii) substituted (6.4.2014) by Finance Act 2014 (c. 26), Sch. 8 paras. 136(3), 146 (with Sch. 8 paras. 147-157)

  10. F10

    Words in s. 554E(3)(b)(ii) substituted (6.4.2014) by Finance Act 2014 (c. 26), Sch. 8 paras. 200(3), 204 (with Sch. 8 paras. 205-215)

  11. F11

    Words in s. 554E(4)(a)(b) substituted (6.4.2014) by Finance Act 2014 (c. 26), Sch. 8 paras. 49(3), 89 (with Sch. 8 paras. 90-96)

  12. F12

    Words in s. 554E(4)(a)(b) substituted (6.4.2014) by Finance Act 2014 (c. 26), Sch. 8 paras. 136(4), 146 (with Sch. 8 paras. 147-157)

  13. F13

    Words in s. 554E(4)(a)(b) substituted (6.4.2014) by Finance Act 2014 (c. 26), Sch. 8 paras. 200(4), 204 (with Sch. 8 paras. 205-215)

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